- (1.) THIS revisional application is for quashing of the proceeding in connection with C.R. 103/07 under Sections 498A/323/406/506/497/120B, I.P.C. now pending before the Court of the learned A.C.J.M., Jhargram, Dist. Paschim Medinipur.
(2.) THE factual background in a nut-shell, is that the petitioner No. 1 Alok Kumar Mitra got married with the O.P. No. 2 Rubi Mitra and their marriage was solemnized on 22.11.02 according to Special Marriage Act. By the passage of time the relation between them turned hostile. THE O.P. No. 2 subsequently filed an application under Section 125, Cr.P.C. which has been registered as M.R. 56//07 before the Court of the learned A.C.J.M., Jhargram, Dist. Paschim Medinipur. She, thereafter, filed a case for quashing of which this application has been filed before this Court. The learned lawyer appearing on behalf of the petitioners has contended that the marriage of the parties has been registered within the jurisdiction of North 24-Parganas and after marriage the parities lived at Shibpur, which is within the jurisdiction of Howrah. The petition of complaint, which was submitted before the learned A.C.J.M. at Jhargram by the O.P. No. 2 Rubi Mitra discloses that she had lodged two G.Ds with Shibpur police station and those G.Ds are 1792 dated 20.8.05 and 808 dated 10.3.07. It is his further contention that no incident as alleged, took place within the jurisdiction of Jhargram P.S. He has now invited the attention of the Court to the provisions laid down in Section 156 as well as 177 of Cr.P.C. and has argued that every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. To give a stand to his contention he has cited the decision reported in 2004 C Cr LR (SC) 972, (2007)2 C Cr LR (SC) 46 and (2007)1 C Cr LR (Cal) 800. He has contended strenuously that the learned A.C.J.M at Jhargram had no jurisdiction to sit over this matter and as such, the matter may be quashed. The learned Advocate appearing on behalf of the State has invited my attention to the provisions laid down in Section 178 (c) of Cr.P.C arid has contended that where an offence is of continuing one of continues to be committed in more local areas than one, then the Court within whose jurisdiction such offence would be continued can take up the matter. He has invited the attention of this Court to the averments made in the petition of complaint by the O.P. No. 2 wherefrom it transpires that the O.P. No. 2 gave birth a baby at her father's place and the baby has died subsequently due to malnutrition and as such, according to him, that incident may be treated as continuing incident giving jurisdiction to the learned Court below.
(3.) THE learned Advocate appearing on behalf of the O.P. No. 2 has contended in the same tune with that of the learned Advocate appearing on behalf of the State. He has also invited the attention of this Court to the provision laid down in Section 178(d) of the Code of Criminal Procedure and has contended that where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas. To give a stand to his argument he has cited a decision reported in AIR 1997 SC 2465. It is a fact that the marriage has been registered within the jurisdiction of North 24-Parganas and the parties i.e. the petitioner No. 1 and the O.P. No. 2 started residing at Shibpur within the jurisdiction of Shibpur police station, Dist. Howrah. It is seen from the petition of complaint submitted by O.P. No. 2 before the learned Court below that he lodged G.Ds alleging torture upon her at the instance of her husband while she used to reside at Shibpur. The relevant G.Ds are 1792 dated 20.8.05 and 808 dated 10.3.07. It is also a fact that the O.P. No.2 has taken the forum to redress her grievance which falls within the jurisdiction of Jhargram, Dist. Paschim Medinipur. It is now pertinent to see the provisions laid down in Sections 177 and 156, Cr.P.C. Sec. 177 : Ordinary place of inquiry and trial.-Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. Sec. 156. Police officer's power to investigate cognizable case.-(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. (2) No proceeding of a police officer in any such case shall at my stage be called in question on the ground that the case was one which such officer was not empowered under this Section to investigate. (3) Any Magistrate empowered under Section 190 may order such an investigation as above-mentioned. We may look into the provision of Section 178(d), Cr.P.C. also, Section 178(d).- Where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas.;